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The MLM Method Website Terms and Conditions
The use of www.TheMLMMethod.com (hereafter “Website”), which is owned and maintained by The MLM Method LLC (“MLMMethod,” “we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, subscribing, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 18 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
TheMLMMethod reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://TheMLMMethod.com/TermsAndConditions. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents:
1. Website Use.
2. Website User Conduct and Restrictions.
4. Information You Provide; Registration; and Passwords.
5. Order Placement and Acceptance; Method of Payment.
6. TRIAL MEMBERSHIP OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION.
7. MEMBERSHIP TERMS AND AUTOMATIC PAYMENT.
9. Shipping Fees.
10. Services, Products and Prices Available on the Website.
11. Trainer’s Obligations and Your Obligations/YOUR INDIVIDUAL RESULTS WILL VARY
12. Independent MLMMethod Affiliate Program
13. Testimonials, Reviews, and Pictures/Videos
16. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
18. Notice and Takedown Procedures; Copyright Agent
19. Third-Party Links
21. No Waiver
22. Governing Law and Venue
23. Force Majeure
25. Electronic Signature
26. Changes to the Agreement
27. Your Additional Representations and Warranties
29. Entire Agreement
30. Contacting Us
SECTION 1 – WEBSITE USE
The Website is intended for adults only. In order to use the Website, you must be 18 years of age or the legal age of majority in your state or province of primary residence, whichever is greater, and also have the legal capacity to enter into a contract with us. The Website is not intended for children and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories, MLMMethod icons, video and audio clips, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The MLMMethod trademark and logo are proprietary marks of TheMLMMethod, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by TheMLMMethod. Notwithstanding the foregoing, you may print off information about your purchases for your personal use only. Commercial use of such information is strictly prohibited.
Subject to your continued strict compliance with all Terms, TheMLMMethod provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that:
(1) the Website contains copyrighted material, trademarks, and other proprietary information including text, software, photos, video, graphics, music and sound, and that the entire contents of the Website are copyrighted as a collective work under the United States copyright laws; (2) TheMLMMethod is the exclusive owner of the copyright and all other intellectual property rights in the entire Website; (3)TheMLMMethod owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it; (4) Each third party content provider owns the copyright in content original to it; (5) You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Website or any portion of it; (6) Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Website without the express written permission of TheMLMMethod and, if applicable, the copyright owner; and (7) In the event of any permitted copying, redistribution or publication of material from the Website, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You further acknowledge and agree that you do not acquire any ownership rights by downloading or copying copyrighted material or any other material protected by intellectual property laws. All trademarks appearing on the Website are the exclusive property of their respective owners, including, in some instances, TheMLMMethod, and/or affiliated companies.
You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES AND PASSWORDS
As a customer of the MLMMethod, you will be required to create an account with TheMLMMethod. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your MLMMethod user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, TheMLMMethod under your user account. You agree to immediately notify TheMLMMethod of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that TheMLMMethod is not liable, and you will hold TheMLMMethod harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 20 below for additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE; METHOD OF PAYMENT
You agree that any products or services that you purchase from us and/or our Website will be used for your personal, non-commercial use. You agree that you will not re-sell, re-distribute, or export any product that you order from the Website.
If you are enrolling in our membership program or ordering a product or service, payment must be received by TheMLMMethod before your enrollment or order is accepted, unless you are participating in a trial offer program (see Section 6 below). We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us as soon as possible at support@TheMLMMethod.com immediately in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, your payment will be refunded to the card provided at the time of checkout.
Your order is conditioned on you accepting this Agreement. Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order.
TheMLMMethod does not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Website. If we discover that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and, at our option, pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen cards, TheMLMMethod will report you to federal, state, and/or local enforcement authorities and take any additional legal action deemed appropriate by TheMLMMethod.
We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – TRIAL MEMBERSHIP OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
Where we offer you a Free Experience Membership of TheMLMMethod (“Free Experience Membership”), such Free Experience Membership will start immediately and will run for the advertised time duration after your application to register with TheMLMMethod has been accepted by TheMLMMethod and continue for the Free Experience Membership offer period as indicated on the Website at the time you submit your application. Free Experience Memberships may be offered in the future for certain limited access to specific content and for the limited periods as set out on the Website. Previous membership subscribers or those subscribers who have already benefited from a Free Experience Membership subscription to TheMLMMethod do not qualify for a further Free Experience Membership.
If you do not want to continue your membership after your Free Experience Membership comes to an end, you may cancel it by emailing support@TheMLMMethod.com. You must contact us at least 48 hours before your Free Experience Membership period ends to ensure your subscription does not automatically continue and the payment method that you provided at the time of enrollment online will be charged the full MLMMethod monthly membership subscription rate provided at the time of enrollment. TheMLMMethod can change any paid-for membership subscription price detailed on the Website or in any pre-contract information (including these Terms), at any time. If the membership subscription rate changes after you are enrolled, we will notify you by email.
SECTION 7 – TheMLMMethod MEMBERSHIP TERMS AND AUTOMATIC PAYMENT
A member (“Member”) is responsible for paying all sums due to TheMLMMethod in connection with their membership (“Membership”) in accordance with these Terms. The first Membership fee payable in accordance with these Terms is due when the Membership account is setup and payment of the Membership subscription fee is a condition of Membership, or after your Free Experience Membership ends and you have not canceled the automatic enrollment with us. Every calendar month (or calendar year depending on the type of Membership applied for), your Membership account will be charged the subscription fee for the following month’s (or year’s) subscription, together with any other fees for the following month’s (or year’s) subscription (for example, proposed additional personal training costs) plus any accumulated charges for the past period (for example, for additional personal training costs incurred in the previous calendar month) (collectively, “Fees”). Failure by the Member to use any of the services available for a Member through its subscription to TheMLMMethod does not relieve the Member of his/her payment obligations under these Terms.
Potential registrants and/or Members can pay by credit card or debit card. Payment details, together with details of the subscription package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to our online payment system for processing. You acknowledge that we hold data regarding the subscription package that is being signed up for by the Member, including the last four digits and the expiration date of the card used to purchase the subscription package together with details on when payment of Fees are due. The Member further acknowledges and agrees that by sending a request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorizes the automatic payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount).
Submissions of the cancellation form provided must be completed by at least 48 hours before your renewal date to avoid any unwanted charges. For monthly Membership subscriptions, we require at least forty-eight (48) hours’ notice of cancellation.You agree that you will NOT send credit card details to TheMLMMethod directly and that ALL credit card transactions shall be processed through via our Website. TheMLMMethod shall not be held responsible for the security of, or the misuse of, credit card or other personal information. Members should be aware that further terms and conditions required by PayPal may apply, and can be found at www.paypal.com. TheMLMMethod reserves the right to immediately terminate a Member’s account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no way relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event TheMLMMethod starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
In addition to any Fees, TheMLMMethod may also charge applicable value added or other tax.
SECTION 9 – SHIPPING FEES
Unless otherwise stated on the Website at the time of purchase, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. You further understand that product or service availability may be limited and particular products or services may not be available for immediate delivery. If your order will be delayed, we will contact you at the e-mail or street address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third party carrier. We reserve the right to reject orders where the stated delivery address is outside the United States.
SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
TheMLMMethod reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
TheMLMMethod takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
When ordering products, please note that TheMLMMethod does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in the Return/Exchange Policy. TheMLMMethod’s descriptions of, or references to, products or services not owned by TheMLMMethod are not intended to imply endorsement of that product, or constitute a warranty by TheMLMMethod unless expressly stated on the Website.
SECTION 11 – MENTORS OBLIGATIONS AND YOUR OBLIGATIONS/YOUR INDIVIDUAL RESULTS WILL VARY
Where applicable The MLM Method Mentor will use his/her skills and knowledge to design a program that will take into account your lifestyle, personal goals, and ability level. The Mentor will provide coaching, supervision, advice, and support to assist you in achieving your goals where applicable. You understand that the results of any work program cannot be guaranteed by TheMLMMethod or the Mentor, and that your progress depends on your individual effort. Accordingly, individual results will vary. Your Obligations -YOUR INDIVIDUAL RESULTS WILL VARY. You must commit to your work program 100% to improve the chances of achieving your goals. You are required to arrive on time for sessions with your Mentor and to have adequate internet service.
YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU, SUCH AS YOUR COMPANY, INFLUENCE, ABILITY, AND LEVEL OF EFFORT.
SECTION 12 – INDEPENDENT MLM METHOD AFFILIATE PROGRAM
TheMLMMethod may offer you an opportunity to become an Independent Leader Affiliate (“ILA”), wherein you will have the opportunity to receive free or discounted products or services or other remuneration in exchange for your truthful statements about your experience with TheMLMMethod. Such statements may include, but not be limited to, sharing your TheMLMMethod experience with your friends and colleagues in person, on social media, or by e-mail, and encouraging them to join TheMLMMethod as a Member and/or purchase TheMLMMethod products. TheMLMMethod reserves the sole and exclusive right to determine the amount of remuneration each ILA will receive in exchange for his/her efforts.
ILA’s must comply with all laws including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227)), and laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)). ILAs are solely responsible for ensuring their compliance with all laws.
As an ILA, all of your statements must: (1) contain only truthful and accurate information about your MLMMethod experience generally; and (2) if posting on social media, each post must contain (a) @TheMLMMethod and #TheMLMMethod; and (b) #ad, #advertisement, or #promotion in a clear and conspicuous location before the text of your description. If the post is on Instagram, these hashtags must appear before the “More” button, and each Instagram post must use Instagram’s “Paid Partnership” tool. If the post is on YouTube or another form of video social media, then the hashtags must appear in a clear and conspicuous location in the post description, and each video must display the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion. All e-mails must: (1) be sent only to those individuals who have opted into receiving e-mails; (2) clearly identify the e-mail as an advertisement in the subject line; and (3) provide a mechanism for the recipient to opt out, with all opt out requests being honored within ten (10) business days of receipt. As an ILA, your statements must not: (1) contain any false or misleading statements; (2) display, reference, or discuss any third party’s products or services including, but not limited to, the products or services of TheMLMMethods’ competitors; nor (3) infringe any third-party’s intellectual property or other rights, including likeness rights, trademark rights, copyrights, and rights of privacy. ILAs are independent contractors and are not employees or agents of TheMLMMethod. ILAs have no authority to act on behalf of or bind TheMLMMethod. ILAs shall be solely and exclusively responsible for all costs and other expenses incurred. Sections 18 and 20 below – in their entirety (as well as all other terms in this Agreement) – apply to ILAs, and further govern the relationship between TheMLMMethod and each ILA.
To find out more information about the ILA program
SECTION 13 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
TheMLMMethod is pleased to hear from users and welcomes your comments regarding our services. TheMLMMethod may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to TheMLMMethod’s services or products, in printed and online media, as TheMLMMethod determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. As noted in Section 11 above, your results will vary depending upon a variety of factors unique to you.
You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit, or share with TheMLMMethod on this Website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively “User Communications”). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity, or any other applicable laws. TheMLMMethod does not endorse or sponsor any User Communications submitted by you or other Members.
You are prohibited from posting, uploading, submitting, sharing, or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law.